News

ATM operator sued for failing to post surcharge notice

February 7, 2012

A plaintiff has filed a class action suit against an east Texas ATM operator for not posting notice of a surcharge fee on or at the ATM, according to a news story in the Southeast Texas Record. Claiming violations of the Electronic Funds Transfer Act, Larry N. Harvey filed suit against Arun M. Desai, doing business as Convenience Plus.

Harvey said he was charged a $1.75 fee to withdraw money from the ATM operated by Desai. He claims that the ATM did not have a sign affixed or in close proximity that told consumers about resulting ATM surcharges.

Harvey is asking to be the representative of a class of similarly situated people who were assessed a fee for withdrawing cash from any Convenience Plus ATM for the previous year.

The Electronic Funds Transfer Act requires ATM owners to “provide notice that a fee will be imposed for providing electronic fund transfer services or a balance inquiry; and disclose the amount of the fee.” The act requires that notice be posted “in a prominent and conspicuous location on or at the automated teller machine.”

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